Contrasting Perspectives on Indiana Senate Bill 202
Summary
In March of 2024, Indiana Governor Eric Holcomb signed Senate Bill 202 into law. The bill affects the state’s publicly funded colleges and universities, and it is causing controversy due to its potential impact on tenure as well as Diversity, Equity, and Inclusion initiatives.
Key Components of the Bill
- Diversity programming must address intellectual diversity as well as cultural diversity.
- Institutions must create a discipline policy to address faculty members who substantially disrupt protected expressive activities.
- Employment, promotion, and tenure depend upon meeting criteria related to free speech, free inquiry, and intellectual diversity. In addition, disciplinary procedures may be initiated if these same criteria are not met.
- Mandates a five-year review of professors’ performance.
- Requires that a procedure by which students and employees can file complaints if standards regarding free inquiry, free expression, and intellectual diversity are not met.
- Prohibits the requirement that staff, faculty, and contractors must pledge support for any policies or ideological movements. Diversity, equity, and inclusion statements are no longer permitted.
- New student orientations must include language about intellectual diversity.
- Colleges and universities must craft a neutrality statement that distinguishes the ideas of faculty, staff, contractors, and students from the official institutional standpoint.
- Gives permission to the Commission of Higher Education to conduct a survey, promoted by the college or university, to measure students’ perception of free speech and academic freedom.
Belonging or Overreach?
When asked what the bill would do for students, the key author, Senator Spencer Deery, stated that he intends for the measure to increase intellectual diversity on campuses and in classrooms, and to encourage a sense of belonging for all students. Senator Deery wants students from all walks of life to feel that higher education spaces are for everyone. In addition, Senator Deery asserts that SB 202 protects tenure by codifying it, and that opponents are perhaps misunderstanding the law’s mandates.
On the other hand, opponents of the bill, such as Purdue Northwest Professor David Nalbone state that SB 202 potentially curtails freedom of expression and inquiry by generating fear among faculty due to the vagueness of the legislation. According to Nalbone, cultivating a sense of belonging is already an integral part of the mission of colleges and universities, and instructors ensure that all students feel welcome in their classes. In his estimation, SB 202 could be interpreted as unnecessary government intervention into a spurious issue.
Listen to the CEEP podcast “CEEPing up with Education” to hear both sides of the issues surrounding Indiana’s SB 202. For a historical and philosophical view of SB 202, listen to the CEEPing Up with Education episode featuring Dr. Quentin Wheeler-Bell.
Listen to the “CEEPing up with Education” podcast to hear both sides of the issues surrounding Indiana’s SB 202. Senator Deery is featured in episode 5 and Professor Nalbone in episode 6. For a historical and philosophical view of SB 202, listen to episode 4 featuring Dr. Quentin Wheeler-Bell.
Authors
Kristin Schumacher is a Ph.D. student in Education Policy Studies at Indiana University Bloomington.